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2025 DAILYLAW 149605 (ALL)

VIJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/6042/2025 · 2025-07-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39243-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6042 of 2025 Petitioner :- Vijay Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Sapna Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra, J. Hon'ble Brij Raj Singh, J. 1. Heard learned counsel for the petitioner and the learned A.G.A. for the State-opposite parties no.1 to 5. 2. This petition has been filed with the following main prayer:- "1. To issue a writ of Certiorari to quash the Challani Report Case No.730 of 2025 dated 16.05.2025, Annexure No.1 and the order passed by opposite party no.4 under Section 135(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, Annexure No.3.” 3. It has been submitted by learned counsel for the petitioner that petitioner a law student and resides at his ancestral house situated in Village Rajapur, Police Station Itaunja, District Lucknow. Opposite parties no.5 and 6, who are the police officers, are misusing the provisions of Sections 170, 126 and 135(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. They have made an illegal and arbitrary demand from the petitioner and his family. The petitioner had a family dispute regarding the ancestral property, for which the petitioner’s sister dialed 112, but no police came forward and instead in presence of the police, petitioner's aunt Neesha assaulted the petitioner's mother and sisters. On 16.05.2025, the petitioner was asked to appear before the Itaunja Police Station to lodge a formal complaint. However, instead of registering his compliant, he was illegally detained, arrested and Challani Report No.730 of 2025 was submitted to the Police Commissioner, who has passed an order under Section 135(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, copy of which has been filed as Annexure-3 to the writ petition. 4. We have gone through the Challani Report, the arrest memo and also the order passed under Section 135(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. We have also gone through the instructions sent by Sarika Gupta, Lady Sub-Inspector, Police Station Itaunja, Lucknow. 5. Instructions are kept on record. 6. We feel that this wit petition is not maintainable for the relief as claimed before this Court. In case the petitioner is aggrieved by any order passed under Section 135(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, the appropriate remedy is to file a criminal revision. 7. Writ petition is accordingly dismissed as not maintainable. . (Brij Raj Singh, J.) (Sangeeta Chandra, J.) Order Date :- 9.7.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench